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Montgomery Medical Malpractice Lawyer

We trust our doctors, surgeons and other medical professionals to help us with our health and, at the very least, “do no harm.” Unfortunately, sometimes our healthcare providers make mistakes – and sometimes, these mistakes are due to negligence and carelessness. When these mistakes cause devastating consequences to patients, patients deserve compensation. Contact our Montgomery medical malpractice lawyer today.

Call For a FREE Consultation 

Call us at (205) 654-8146 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.

What is Medical Malpractice?

Medical malpractice is a term used to describe when a medical provider fails to act reasonably as they should have. This means that the provider did not work in what a reasonable and prudent medical provider would do under similar circumstances.

In other words, they failed to meet the standard of care that is expected of them. Medical malpractice can be considered negligence for medical providers, so patients must understand their rights and seek legal counsel if they feel they have been wronged by a medical professional.

Who Can Be Held Responsible for Medical Malpractice Injuries?

Montgomery Medical Malpractice Lawyer

In order to prove negligence in a medical malpractice claim, it must be established that the medical provider did not provide the same level of care as another reasonable professional would have under similar circumstances.

The medical provider can be held liable for any injuries or deaths if this is proven. This can be:

  • Nurses
  • Doctors
  • Hospitals
  • Medical Clinics
  • Any other medical experts

In addition to compensating victims for their losses, these claims also serve as an important reminder that medical providers must always strive to provide the highest quality of care possible.

How Common is Medical Malpractice?

Medical malpractice, or negligence, is a well-documented problem in the United States. Johns Hopkins University noted in a recent study that 10% of all deaths in the country were due to medical error, and medical errors are the third-highest cause of death. And this study doesn’t take into account the number of patients who experience life-altering injuries from preventable medical mistakes. When healthcare professionals injure patients who trust them, they must be held accountable.

Contact The Best Personal Injury Lawyers

That’s why the medical malpractice attorneys at Mezrano Law Firm in Montgomery are here. Medical malpractice cases in Alabama are typically complex and require a heavy burden of proof. Our years of experience can help you decide if you have a case, how you’d like to proceed, and – when we partner with you – we work tirelessly to help secure you compensation for injuries. We will:

  • talk to medical experts
  • pursue the maximum compensation possible under the law
  • request all medical records
  • talk to medical witnesses
  • and do the heavy lifting of your case

How Much Does a Personal Injury Lawyer Cost?

Mezrano Law Firm works on a contingency. A contingency fee basis means the law firm will not charge you anything unless you win a settlement or in court. A contingency fee ensures the victim pays nothing out of pocket and that the law firm works hard for your case. We also offer contingency for other areas of practice, such as:

What Must Be Included in an Alabama Medical Malpractice Complaint?

Medical malpractice complaints in Alabama do not require an affidavit of merit, but they must include certain details in order to be considered valid.

According to the Alabama Medical Liability Act, any medical malpractice complaint must include a detailed description of each action or inaction that triggers the defendant health care provider's liability. This includes a recitation of the place, date, and time of each such action or inaction where these details are reasonably ascertainable.

No Medical Malpractice Damages Cap in Alabama

Alabama is one of the few states that does not have such a cap on damages. This means that if an injured patient is able to establish the defendant's liability for malpractice, they are free to recover for all financial losses that can be attributed to the defendant's negligence.

Examples of Medical Malpractice in Montgomery

When a doctor or hospital causes injury to a patient through a negligent act, or a failure to act, they’ve committed medical negligence or malpractice. In this case, negligence can include the following:

  • errors in diagnosis
  • errors in treatment
  • mismanagement of a condition
  • or mistakes during a procedure
  • medication errors
  • birth injuries

Further, this negligent act (or failure to act) must violate the standard of care that other reasonable medical professionals would use under similar circumstances.

There must be a direct link between negligence and the patient’s injury.

Finally, that injury must have resulted in a loss for the patient, like pain and disability, lost income, or other damages. What this means is that even if negligence occurred, if you didn’t suffer any resulting injury, you likely won’t have a malpractice case. Your attorney can give you further guidance.

Other examples of medical malpractice include:

  • Anesthesia errors
  • Early discharge from hospital or medical facility
  • Failure to recognize symptoms
  • Improper or failure to provide aftercare
  • Improper medication and dosage
  • Lack of proper testing
  • Misdiagnosis of symptoms
  • Misreading or ignoring test results
  • Surgical errors
  • emergency room errors
  • Unnecessary surgery

What is The Alabama Medical Malpractice Statute of Limitations?

The Alabama Medical Malpractice Statute of Limitations defines the time a victim or their representative has to file a lawsuit against a medical facility or doctor for negligence. The statute states that an individual or their representative must initiate the legal process within two years from the date of injury or death, regardless if they knew it was caused by malpractice at the time. It also requires minors to commence proceedings before they turn 19, and those with disabilities have one year after they are no longer disabled to begin legal action. Understanding these timelines is crucial, as failure to do so can lead to forfeiture of rights to compensation for damages.

Statute of Limitations for Minors

The statute of limitations for medical malpractice on minors is handled differently than for adults. In the state of Alabama, minors have four years to file a medical malpractice lawsuit from the date of the incident. This means that if a child was under four when the medical malpractice occurred, they will have until their 8th birthday to file their lawsuit. This extended period allows children more time to understand and process what happened to them and gives them more time to seek legal counsel if needed.

What Damages Are Available in a Medical Malpractice Lawsuit?

Damages available in a medical malpractice lawsuit include:

General Damages

General damages in medical malpractice are non-economic forms of compensation awarded to a patient who has suffered an injury as a result of medical negligence. These types of damages usually include compensation for pain and suffering, mental anguish, loss of consortium, emotional distress, and loss of enjoyment of life.

Special Damages

Special damages in medical malpractice refer to financial losses associated with the injury or illness, such as lost wages, medical bills, rehabilitation and/or therapy costs, medication expenses, home modifications or adaptations and/or other costs related to the injury.

Punitive Damages

Punitive damages in medical malpractice are financial damages awarded to a plaintiff above and beyond the dollar amount of compensatory damages intended to punish a defendant for particularly egregious conduct.

Medical Malpractice Dangers at Montgomery Area Hospitals

When you enter your local hospital, you deal with all staff – including doctors, nurses, nurse practitioners, technicians, pharmacists, anesthesiologists and more. You may wonder how safe the medical facility and staff is. A patient safety advocate organization ranks hospital safety nationwide, grading them on hospital-acquired infection rates, surgical errors and safety records.

The Hospital Safety Grade tool brings up four Montgomery area hospitals:

  • Jackson Hospital, Montgomery: Grade C
  • Baptist Medical Center South, Montgomery: Grade D
  • Baptist Medical Center East, Montgomery: Grade B
  • Prattville Baptist Hospital, Prattville, Grade B

What is Informed Consent?

Before a doctor performs any procedure on you, they must obtain informed consent. As it sounds, this is your consent as a patient to receive the procedure – but more than that, it’s also your right to understand the procedure itself, why you have it, its likely outcome and the risks and dangers.

Informed Consent Should Include the Following:

  • A discussion with your doctor (not a representative of your doctor)
  • Your diagnosis
  • An explanation of the recommended procedure/treatment and its intended purpose
  • The risks and benefits of undergoing the procedure
  • The risks and benefits of not receiving the procedure
  • Alternative treatments or procedures, along with risks and benefits

The most important aspect of informed consent is your physician fully explaining the risks of a procedure. Doctors should reasonably foresee risks and make you aware of potential dangers. You have the right to know what could go wrong, and you have the right to decide what to do with your body.

What is a Medical Witness?

A Medical Witness is a medical professional who provides specialized testimony as an expert witness in legal proceedings related to health care. Their clinical experience qualifies them, research and education to review the pertinent medical records and testify regarding the relevant medical issues.

If My Doctor Makes a Mistake While Treating Me in a Hospital, Can I Sue the Hospital?

Yes, you may be able to sue the hospital, depending on the circumstances. You would need to prove that the mistake was due to negligence or malpractice on behalf of the hospital or doctor for a successful lawsuit.

I Was Injured Because a Nurse Gave Me the Wrong Drug. Who Can I Sue?

Depending on your injury's circumstances and severity, you may sue the nurse or their employer (such as a hospital or clinic) for medical negligence. To hold them liable, you must be able to prove that the nurse was negligent by providing evidence such as witness statements, medical records, and expert testimony.

Our Montgomery Medical Malpractice Attorneys Can Help

If you suffered an injury from a negligent doctor or a careless surgeon who killed a loved one, talk to a personal injury attorney at Mezrano Law Firm. Our team fights for your right to financial compensation for your injuries, damages, and losses. We’ll hold the right people responsible. Call us today at 205-206-6300 or fill out our contact form to schedule a consultation at our Montgomery office.

Call For a FREE Consultation 

Call us at (205) 654-8146 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.

Free Consultation

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